AG v Jordan [2019] JRC 060 (04 April 2019)

JUDGMENT THE commissioner: 1. We have had time to consider the sentence to impose, but not time to prepare a judgment and so we will be producing our reasons in a written judgment which will be issued as soon as possible, but we can say that of course we regard these offences as very serious and warranting a substantial sentence of imprisonment.

2. After careful deliberation we determine that a total sentence of 7 years is appropriate on the facts of this case and again our reasoning will be explained in the judgment that will follow.

3. First Indictment, Count 1, you are sentenced to 18 months imprisonment.

4. Second Indictment, Count 2 you are sentenced to 3 years' imprisonment, concurrent. On Count 5 to 4 years' imprisonment, consecutive to Count 2.

5. Third Indictment, Count 1, you are sentenced to one years' imprisonment, concurrent, which makes a total sentence of 7 years imprisonment.

6. We order the forfeiture and destruction of the devices as set out in the conclusions.

7. We order that the other offences be left on file not to be pursued by the Attorney General without leave of the Court.

8. In terms of the Sex Offenders legislation we give the Restraining Orders set in paragraph 50 of the Crown's conclusions, but as amended by those which I understand that Advocate Hollywood have supplied through to the Greffier, save that in relation to what was number 7, that is the prohibition from approaching the two victims, we have not had time to consider whether there is power under this law for such an order to stay in place for indeterminate period. So, we are going to order that it should stay in place for 10 years from today's date but we give liberty to the Attorney General to bring the matter back before the Court if he wishes to seek an indeterminate period.

9. Finally, in relation to the notification requirements we agree with the Attorney General that 10 years should elapse before the defendant can apply to have those requirements dis-applied and that is from today's date.

10. Reasons to follow. Authorities Sex Offenders (Jersey) Law 2010. Protection of Children (Jersey) Law AG-v-Godson and Crowley [2013 (2) JLR 1] AG-v-Jalam [2015] JRC 169 AG-v-T [2016] JRC 001 AG-v-K [2016] JRC 158 AG-v-K and F [2016] JCA 219 AG-v-Laffoley [2017] JRC 058 AG-v-T [2017] JRC 169 AG-v-D [2018] JRC 109 Attorney General-v-D [2018] JRC 158 Sentencing Council Guidelines - assault by penetration Page Last Updated: 29 May 2019 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII